Bombay HC Denies Relief to Pune School Over Illegal Building Calls Illegality Incurable
The Bombay High Court has refused to grant relief to Aryan World School in Pune, dismissing its plea against a demolition order for unauthorised construction on its premises.
In a strongly worded judgment, the court underscored that “illegality is inherently incurable,” and emphasised that the law applies equally to all, regardless of institutional stature or public utility. The Pune Metropolitan Region Development Authority (PMRDA) had issued a demolition order on April 17, targeting parts of the school building found to be constructed without legal sanction. Aryan World School, a charitable institution with over 2,000 students, had challenged the order, seeking regularisation of the structure. The bench, comprising Justices Ajey Gadkari and Kamal Khata, categorically stated that just because the school serves a large student population, it cannot be exempt from compliance. “Such misplaced sympathy undermines the sanctity of the law and jeopardises town planning,” the court said.
The school’s counsel, Neeta Karnik, argued that the building was based on a No Objection Certificate (NOC) granted by the local Grampanchayat in 2007. However, the court held that the Grampanchayat had no authority to issue construction permissions. In the absence of a planning body, such approval should have come from the District Collector. The court also noted a worrying pattern in the state where illegal constructions are initiated without approval and regularisation is later sought as a right. The judges flagged this misuse, saying individuals often invoke public sympathy or claim ignorance to escape consequences. Importantly, the court directed the Maharashtra government to initiate action against the Grampanchayat and the Sarpanch who issued the illegal NOC. A compliance affidavit detailing steps taken must be filed by November 14, 2025.
This ruling is likely to serve as a precedent for similar cases across Maharashtra and reiterates the judiciary’s firm stance on unauthorised urban development.
